# C_2015371EN.01001202.xml

| 9.11.2015 | EN | Official Journal of the European Union | C 371/12 |
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9.11.2015

EN

Official Journal of the European Union

C 371/12

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Judgment of the Court (Third Chamber) of 17 September 2015 — European Commission v Italian Republic

(Case C-367/14) (1)

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((Failure of a Member State to fulfil obligations - State aid - Aid granted to firms located in Venice and Chioggia - Reduction of social security contributions - Failure to recover aid within the prescribed period - Judgment of the Court establishing that a Member State has failed to fulfil its obligations - Non-compliance - Article 260(2) TFEU - Pecuniary penalties - Penalty payment - Lump sum))

(2015/C 371/15)

Language of the case: Italian

Parties

Parties

Applicant: European Commission (represented by: G. Conte, D. Grespan and B. Stromsky, acting as Agents)

Applicant:

Defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and P. Gentili, avvocato della Stato)

Defendant:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt all the measures necessary to ensure compliance with the judgment in Commission v Italy (C-302/09, EU:C:2011:634) before the expiry of the period prescribed in the letter of formal notice sent by the European Commission on 21 November 2012, the Italian Republic has failed to fulfil its obligations under Article 260(1) TFEU; |
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1.

Declares that, by failing to adopt all the measures necessary to ensure compliance with the judgment in Commission v Italy (C-302/09, EU:C:2011:634) before the expiry of the period prescribed in the letter of formal notice sent by the European Commission on 21 November 2012, the Italian Republic has failed to fulfil its obligations under Article 260(1) TFEU;

| 2. | Orders the Italian Republic to pay a penalty payment of EUR 12 million to the European Commission, into the ‘European Union own resources’ account, for every six months of delay in implementing the necessary measures to comply with the judgment in Commission v Italy (C-302/09, EU:C:2011:634), from the day on which judgment is delivered in the present case until the judgment in Commission v Italy has been complied with. |
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2.

Orders the Italian Republic to pay a penalty payment of EUR 12 million to the European Commission, into the ‘European Union own resources’ account, for every six months of delay in implementing the necessary measures to comply with the judgment in Commission v Italy (C-302/09, EU:C:2011:634), from the day on which judgment is delivered in the present case until the judgment in Commission v Italy has been complied with.

| 3. | Orders the Italian Republic to pay a lump sum of EUR 30 million to the European Commission, into the ‘European Union own resources’ account. |
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3.

Orders the Italian Republic to pay a lump sum of EUR 30 million to the European Commission, into the ‘European Union own resources’ account.

| 4. | Orders the Italian Republic to pay the costs. |
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4.

Orders the Italian Republic to pay the costs.

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(1)  OJ C 395, 10.11.2014

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